[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2501-S2508]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 298. Mr. BENNET (for himself and Mr. Welch) submitted an amendment 
intended to be proposed by him to the bill S. 2226, to authorize 
appropriations for fiscal year 2024 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

          DIVISION F--DIGITAL PLATFORM COMMISSION ACT OF 2023

     SEC. 6001. SHORT TITLE.

       This division may be cited as the ``Digital Platform 
     Commission Act of 2023''.

     SEC. 6002. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--Congress finds the following:
       (1) In the United States and around the world, digital 
     platforms and online services play a central role in modern 
     life by providing new tools for communication, commerce, 
     entrepreneurship, and debate.
       (2) The United States takes pride in the success of its 
     technology sector, which leads the world in innovation and 
     dynamism, provides valuable services to the people of the 
     United States, and supports thousands of good-paying jobs in 
     the United States.
       (3) In recent years, a few digital platforms have 
     benefitted from the combination of economies of scale, 
     network effects, and unique characteristics of the digital 
     marketplace to achieve vast power over the economy, society, 
     and democracy of the United States.
       (4) The last time Congress enacted legislation to 
     meaningfully regulate the technology or telecommunications 
     sector was the Telecommunications Act of 1996 (Public Law 
     104-104; 110 Stat 56.), years before many of today's largest 
     digital platforms even existed.
       (5) Digital platforms remain largely unregulated and are 
     left to write their own rules without meaningful democratic 
     input or accountability.
       (6) The unregulated policies and operations of some of the 
     most powerful digital platforms have at times produced 
     demonstrable harm, including--
       (A) undercutting small businesses;
       (B) abetting the collapse of trusted local journalism;
       (C) enabling addiction and other harms to the mental health 
     of the people of the United States, especially minors;
       (D) disseminating disinformation and hate speech;
       (E) undermining privacy and monetizing the personal data of 
     individuals in the United States without their informed 
     consent;
       (F) in some cases, radicalizing individuals to violence; 
     and
       (G) perpetuating discriminatory treatment of communities of 
     color and underserved populations.
       (7) The development of increasingly powerful algorithmic 
     processes for communication, research, content generation, 
     and decision making, such as generative artificial 
     intelligence, threatens to magnify the harms identified in 
     paragraph (6) without mechanisms for proper oversight and 
     regulation to protect the public interest.
       (8) The failure of the United States Government to 
     establish appropriate regulations for digital platforms cedes 
     to foreign competitors the historic role played by the United 
     States in setting reasonable rules of the road and technical 
     standards for emerging technologies.

[[Page S2502]]

       (9) Throughout the history of the United States, Congress 
     has often responded to the emergence of powerful and complex 
     new sectors of the economy by empowering sector-specific 
     expert Federal regulators.
       (10) Throughout the history of the United States, the 
     Federal Government has established reasonable regulation, 
     consistent with the First Amendment to the Constitution of 
     the United States, to promote a diversity of viewpoints, 
     support civic engagement, and preserve the right of citizens 
     to communicate with each other, which is foundational to 
     self-governance.
       (11) The unique power and complexity of several digital 
     platforms, combined with the absence of modern Federal 
     regulations, reinforces the need for a new Federal body 
     equipped with the authorities, tools, and expertise to 
     regulate digital platforms to ensure their operations remain 
     consistent, where appropriate, with the public interest.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Federal agency established under this division should--
       (1) develop appropriate regulations and policies grounded 
     in the common law principles of the duty of care and the duty 
     to deal, insofar as those principles are relevant and 
     practical; and
       (2) adopt, where relevant and practical, a risk management 
     regulatory approach that prioritizes anticipating, limiting, 
     and balancing against other interests the broad economic, 
     societal, and political risks of harm posed by the activities 
     and operations of a person or class of persons.

     SEC. 6003. DEFINITIONS.

       In this division:
       (1) Algorithmic process.--The term ``algorithmic process'' 
     means a computational process, including one derived from 
     machine learning or other artificial intelligence techniques, 
     that processes personal information or other data for the 
     purpose of--
       (A) making a decision;
       (B) generating content; or
       (C) determining the order or manner in which a set of 
     information is provided, recommended to, or withheld from a 
     user of a digital platform, including--
       (i) the provision of commercial content;
       (ii) the display of social media posts;
       (iii) the display of search results or rankings; or
       (iv) any other method of automated decision making, content 
     selection, or content amplification.
       (2) Code council; council.--The term ``Code Council'' or 
     ``Council'' means the Code Council established under section 
     6008(a).
       (3) Commission.--The term ``Commission'' means the Federal 
     Digital Platform Commission established under section 6004.
       (4) Digital platform.--
       (A) In general.--The term ``digital platform'' means an 
     online service that serves as an intermediary facilitating 
     interactions--
       (i) between users; and
       (ii) between users and--

       (I) entities offering goods and services through the online 
     service; or
       (II) the online service with respect to goods and services 
     offered directly by the online service, including content 
     primarily generated by algorithmic processes.

       (B) De minimis exception.--
       (i) In general.--Notwithstanding subparagraph (A)(ii)(II), 
     the term ``digital platform'' does not include an entity that 
     offers goods and services to the public online if the 
     offering of goods and services online is a de minimis part of 
     the entity's overall business.
       (ii) Online services that do not qualify for de minimis 
     exception.--Notwithstanding clause (i), if an online service 
     described in subparagraph (A)(ii)(II) is owned by an entity 
     but is offered through an affiliate, partnership, or joint 
     venture of, or is otherwise segregable from, the entity--

       (I) the online service shall be considered a digital 
     platform; and
       (II) the entity shall not be considered a digital platform.

       (C) Small digital platform businesses.--
       (i) In general.--The term ``digital platform'' does not 
     include a small digital platform business, except as provided 
     in clause (iii).
       (ii) SBA rulemaking.--Not later than 180 days after the 
     date of enactment of this Act, the Administrator of the Small 
     Business Administration shall by regulation define the term 
     ``small digital platform business'' for purposes of clause 
     (i).
       (iii) Non-applicability to systemically important digital 
     platforms.--Clause (i) shall not apply to a systemically 
     important digital platform.
       (D) News organizations.--The term ``digital platform'' does 
     not include an entity whose primary purpose is the delivery 
     to the public of news that the entity writes, edits, and 
     reports.
       (5) Immediate family member.--The term ``immediate family 
     member'', with respect to an individual, means a spouse, 
     parent, sibling, or child of the individual.
       (6) Online service.--The term ``online service'' includes a 
     consumer-facing website, back-end online-support system, or 
     other facilitator of online transactions and activities.
       (7) Systemically important digital platform.--The term 
     ``systemically important digital platform'' means a digital 
     platform that the Commission has designated as a systemically 
     important digital platform under section 6010.

     SEC. 6004. ESTABLISHMENT OF FEDERAL DIGITAL PLATFORM 
                   COMMISSION.

       (a) Establishment.--There is established a commission to be 
     known as the ``Federal Digital Platform Commission'', which 
     shall--
       (1) be constituted as provided in this division; and
       (2) execute and enforce the provisions of this division.
       (b) Purposes of Commission.--The purpose of the Commission 
     is to regulate digital platforms, consistent with the public 
     interest, convenience, and necessity, to promote to all the 
     people of the United States, so far as possible, the 
     following:
       (1) Access to digital platforms for civic engagement and 
     economic and educational opportunities.
       (2) Access to government services and public safety.
       (3) Competition to encourage the creation of new online 
     services and innovation, and to provide to consumers benefits 
     such as lower prices and better quality of service.
       (4) Prevention of harmful levels of concentration of 
     private power over critical digital infrastructure.
       (5) A robust and competitive marketplace of ideas with a 
     diversity of views at the local, State, and national levels.
       (6) Protection for consumers, including those in 
     communities of color and underserved populations, from 
     deceptive, unfair, unjust, unreasonable, or abusive practices 
     committed by digital platforms.
       (7) Assurance that the algorithmic processes of digital 
     platforms are fair, transparent, and safe.
       (c) Rule of Construction.--Nothing in this division, or any 
     amendment made by this division, shall be construed to 
     modify, impair, or supersede the applicability of any 
     antitrust laws.

     SEC. 6005. JURISDICTION.

       (a) Plenary Jurisdiction.--The Commission shall have 
     jurisdiction over any digital platform, the services of 
     which--
       (1) originate or are received within the United States; and
       (2) affect interstate or foreign commerce.
       (b) Provisions Relative to Systemically Important Digital 
     Platforms.--Not later than 180 days after the earliest date 
     as of which not fewer than 3 Commissioners have been 
     confirmed, the Commission shall determine whether to 
     promulgate rules, with input from the Code Council as 
     appropriate, to establish for systemically important digital 
     platforms--
       (1) commercial and technical standards for--
       (A) data portability; and
       (B) interoperability, which shall be defined as the 
     functionality of information systems to--
       (i) exchange data; and
       (ii) enable sharing of information;
       (2) requirements--
       (A) for recommendation systems and other algorithmic 
     processes of systemically important digital platforms to 
     ensure that the algorithmic processes are fair, transparent, 
     and without harmful, abusive, anticompetitive, or deceptive 
     bias; and
       (B) for auditing, accountability, and explainability of 
     algorithmic processes;
       (3) transparency requirements for terms of service, 
     including content moderation policies;
       (4) requirements for regular public risk assessments of the 
     distribution of harmful content on a systemically important 
     digital platform and steps the systemically important digital 
     platform has taken, or plans to take, to mitigate those 
     harms, including harms arising from algorithmic processes;
       (5) transparency and disclosure obligations to enable--
       (A) oversight by the Commission;
       (B) third-party audits to ensure the accuracy of any public 
     risk assessments required under paragraph (4); and
       (C) trusted third-party research in the public interest; 
     and
       (6) commercial and technical standards to ensure 
     accessibility to individuals with a disability, as defined in 
     section 3 of the Americans with Disabilities Act of 1990 (42 
     U.S.C. 12102), including to provide the ability for an 
     individual who has a hearing impairment, speech impairment, 
     or vision impairment to engage with systemically important 
     digital platforms in a manner that is functionally equivalent 
     to the ability of an individual who does not have a hearing 
     impairment, speech impairment, or vision impairment to engage 
     with systemically important digital platforms.
       (c) Specific Codes and Standards.--
       (1) Age-appropriate design code.--
       (A) Establishment.--Not later than 180 days after the 
     earliest date as of which not fewer than 3 Commissioners have 
     been confirmed, the Commission shall, with input from the 
     Code Council as appropriate, establish by rule an age-
     appropriate design code.
       (B) Contents.--The age-appropriate design code established 
     under subparagraph (A) shall include--
       (i) requirements governing the design and data privacy 
     standards for the entities that the Commission designates as 
     being subject to the code; and
       (ii) prohibited design features and data practices for the 
     entities described in clause (i).
       (2) Age verification standards.--Not later than 180 days 
     after the earliest date as of which not fewer than 3 
     Commissioners have been confirmed, the Commission shall,

[[Page S2503]]

     with input from the Code Council as appropriate, begin the 
     process of developing age verification standards.
       (3) Procedure.--
       (A) Public review; commission examination and vote.--In 
     establishing an age-appropriate design code and age 
     verification standards under paragraphs (1) and (2), the 
     Commission shall first develop a proposed code and standards, 
     respectively, and comply with the requirements under 
     paragraph (4) of section 6008(e) in the same manner as with 
     respect to a proposed behavioral code, technical standard, or 
     other policy submitted to the Commission by the Code Council 
     under paragraph (3) of that section.
       (B) Updates.--Paragraph (5) of section 6008(e) shall apply 
     to the age-appropriate design code and age verification 
     standards established under paragraphs (1) and (2) of this 
     subsection in the same manner as it applies to a behavioral 
     code, technical standard, or other policy established by rule 
     under paragraph (4) of that section.
       (d) Forbearance.--
       (1) In general.--The Commission may forbear from exercising 
     jurisdiction over a digital platform or class of digital 
     platforms based on size, revenue, market share, or other 
     attributes the Commission determines appropriate.
       (2) Flexibility.--The Commission may reassert jurisdiction 
     over a digital platform or class of digital platform over 
     which the Commission forbore from exercising jurisdiction 
     under paragraph (1).

     SEC. 6006. ORGANIZATION AND GENERAL POWERS.

       (a) In General.--The Commission shall be composed of 5 
     Commissioners appointed by the President, by and with the 
     advice and consent of the Senate, one of whom the President 
     shall designate as chair.
       (b) Qualifications.--
       (1) Citizenship.--Each member of the Commission shall be a 
     citizen of the United States.
       (2) Conflicts of interest.--
       (A) In general.--Subject to subparagraphs (B) and (C), no 
     member of the Commission or person employed by the 
     Commission, and no immediate family member thereof, shall--
       (i) be financially interested in--

       (I) any person significantly regulated by the Commission 
     under this division; or
       (II) a third party in direct and substantial competition 
     with a person described in subclause (I); or

       (ii) be employed by, hold any official relation to, or own 
     any stocks, bonds, or other securities of, any person or 
     third party described in clause (i).
       (B) Significant interest.--The prohibitions under 
     subparagraph (A) shall apply only to financial interests in 
     any company or other entity that has a significant interest 
     in activities subject to regulation by the Commission.
       (C) Waiver.--
       (i) In general.--Subject to section 208 of title 18, United 
     States Code, the Commission may waive, from time to time, the 
     application of the prohibitions under subparagraph (A) to 
     persons employed by the Commission, or immediate family 
     members thereof, if the Commission determines that the 
     financial interests of a person that are involved in a 
     particular case are minimal.
       (ii) No waiver for commissioners.--The waiver authority 
     under clause (i) shall not apply with respect to members of 
     the Commission.
       (iii) Publication.--If the Commission exercises the waiver 
     authority under clause (i), the Commission shall publish 
     notice of that action in the Federal Register.
       (3) Determination of significant interest.--The Commission, 
     in determining for purposes of paragraph (2) whether a 
     company or other entity has a significant interest in 
     activities that are subject to regulation by the Commission, 
     shall consider, without excluding other relevant factors--
       (A) the revenues, investments, profits, and managerial 
     efforts directed to the related activities of the company or 
     other entity, as compared to the other aspects of the 
     business of the company or other entity;
       (B) the extent to which the Commission regulates and 
     oversees the activities of the company or other entity;
       (C) the degree to which the economic interests of the 
     company or other entity may be affected by any action of the 
     Commission; and
       (D) the perceptions held by the public regarding the 
     business activities of the company or other entity.
       (4) No other employment.--A member of the Commission may 
     not engage in any other business, vocation, profession, or 
     employment while serving as a member of the Commission.
       (5) Political parties.--The maximum number of commissioners 
     who may be members of the same political party shall be a 
     number equal to the least number of commissioners that 
     constitutes a majority of the full membership of the 
     Commission.
       (c) Term.--
       (1) In general.--A commissioner--
       (A) shall be appointed for a term of 5 years; and
       (B) may continue to serve after the expiration of the fixed 
     term of office of the commissioner until a successor is 
     appointed and has been confirmed and taken the oath of 
     office.
       (2) Filling of vacancies.--Any person chosen to fill a 
     vacancy in the Commission--
       (A) shall be appointed for the unexpired term of the 
     commissioner that the person succeeds;
       (B) except as provided in subparagraph (C), may continue to 
     serve after the expiration of the fixed term of office of the 
     commissioner that the person succeeds until a successor is 
     appointed and has been confirmed and taken the oath of 
     office; and
       (C) may not continue to serve after the expiration of the 
     session of Congress that begins after the expiration of the 
     fixed term of office of the commissioner that the person 
     succeeds.
       (3) Effect of vacancy on powers of commission.--Except as 
     provided in section 6009(e) (relating to repeal of prior 
     rules), no vacancy in the Commission shall impair the right 
     of the remaining commissioners to exercise all the powers of 
     the Commission.
       (d) Salary of Commissioners.--
       (1) In general.--Each Commissioner shall receive an annual 
     salary at the annual rate payable from time to time for grade 
     16 of the pay scale of the Securities and Exchange 
     Commission, payable in monthly installments.
       (2) Chair.--The Chair of the Commission, during the period 
     of service as Chair, shall receive an annual salary at the 
     annual rate payable from time to time for grade 17 of the pay 
     scale of the Securities and Exchange Commission.
       (e) Principal Office.--
       (1) General sessions.--The principal office of the 
     Commission shall be in the District of Columbia, where its 
     general sessions shall be held.
       (2) Special sessions.--Whenever the convenience of the 
     public or of the parties may be promoted or delay or expense 
     prevented thereby, the Commission may hold special sessions 
     in any part of the United States.
       (f) Employees.--
       (1) In general.--The Commission may, subject to the civil 
     service laws and the Classification Act of 1949, as amended, 
     appoint such officers, engineers, accountants, attorneys, 
     inspectors, examiners, and other employees as are necessary 
     in the exercise of its functions.
       (2) Assistants.--
       (A) Professional assistants; secretary.--Without regard to 
     the civil-service laws, but subject to the Classification Act 
     of 1949, each commissioner may appoint professional 
     assistants and a secretary, each of whom shall perform such 
     duties as the commissioner shall direct.
       (B) Administrative assistant to chair.--In addition to the 
     authority under subparagraph (A), the Chair of the Commission 
     may appoint, without regard to the civil-service laws, but 
     subject to the Classification Act of 1949, an administrative 
     assistant who shall perform such duties as the Chair shall 
     direct.
       (3) Use of volunteers to monitor violations relating to 
     online services.--
       (A) Recruitment and training of volunteers.--The 
     Commission, for purposes of monitoring violations of any 
     provision of this division (and of any regulation prescribed 
     by the Commission under this division), may--
       (i) recruit and train any software engineer, computer 
     scientist, data scientist, or other individual with skills or 
     expertise relevant to the responsibilities of the Commission; 
     and
       (ii) accept and employ the voluntary and uncompensated 
     services of individuals described in clause (i).
       (B) No limitations on voluntary services.--The authority of 
     the Commission under subparagraph (A) shall not be subject to 
     or affected by--
       (i) part III of title 5, United States Code; or
       (ii) section 1342 of title 31, United States Code.
       (C) No federal employment.--Any individual who provides 
     services under this paragraph or who provides goods in 
     connection with such services shall not be considered a 
     Federal or special government employee.
       (D) Broad representation.--The Commission, in accepting and 
     employing services of individuals under subparagraph (A), 
     shall seek to achieve a broad representation of individuals 
     and organizations.
       (E) Rules of conduct.--The Commission may establish rules 
     of conduct and other regulations governing the service of 
     individuals under this paragraph.
       (F) Regulations for personnel practices.--The Commission 
     may prescribe regulations to select, oversee, sanction, and 
     dismiss any individual authorized under this paragraph to be 
     employed by the Commission.
       (g) Expenditures.--
       (1) In general.--The Commission may make such expenditures 
     (including expenditures for rent and personal services at the 
     seat of government and elsewhere, for office supplies, online 
     subscriptions, electronics, law books, periodicals, 
     subscriptions, and books of reference), as may be necessary 
     for the execution of the functions vested in the Commission 
     and as may be appropriated for by Congress in accordance with 
     the authorizations of appropriations under section 6020.
       (2) Reimbursement.--All expenditures of the Commission, 
     including all necessary expenses for transportation incurred 
     by the commissioners or by their employees, under their 
     orders, in making any investigation or upon any official 
     business in any other places than in the city of Washington, 
     shall be allowed and paid on the presentation of itemized 
     vouchers therefor approved by the Chair of the Commission or 
     by such other members or officer thereof as may be designated 
     by the Commission for that purpose.
       (3) Gifts.--

[[Page S2504]]

       (A) In general.--Notwithstanding any other provision of 
     law, in furtherance of its functions the Commission is 
     authorized to accept, hold, administer, and use unconditional 
     gifts, donations, and bequests of real, personal, and other 
     property (including voluntary and uncompensated services, as 
     authorized by section 3109 of title 5, United States Code).
       (B) Taxes.--For the purpose of Federal law on income taxes, 
     estate taxes, and gift taxes, property or services accepted 
     under the authority of subparagraph (A) shall be deemed to be 
     a gift, bequest, or devise to the United States.
       (C) Regulations.--
       (i) In general.--The Commission shall promulgate 
     regulations to carry out this paragraph.
       (ii) Conflicts of interest.--The regulations promulgated 
     under clause (i) shall include provisions to preclude the 
     acceptance of any gift, bequest, or donation that would 
     create a conflict of interest or the appearance of a conflict 
     of interest.
       (h) Quorum; Seal.--
       (1) Quorum.--Three members of the Commission shall 
     constitute a quorum thereof.
       (2) Seal.--The Commission shall have an official seal which 
     shall be judicially noticed.
       (i) Duties and Powers.--The Commission may perform any and 
     all acts, including collection of any information from 
     digital platforms under the jurisdiction of the Commission as 
     the Commission determines necessary, without regard to any 
     final determination of the Office on Management and Budget 
     under chapter 35 of title 44, United States Code (commonly 
     referred to as the ``Paperwork Reduction Act''), make such 
     rules and regulations, and issue such orders, not 
     inconsistent with this division, as may be necessary in the 
     execution of its functions.
       (j) Conduct of Proceedings; Hearings.--
       (1) In general.--The Commission may conduct its proceedings 
     in such manner as will best conduce to the proper dispatch of 
     business and to the ends of justice.
       (2) Conflict of interest.--No commissioner shall 
     participate in any hearing or proceeding in which he has a 
     pecuniary interest.
       (3) Open to all parties.--Any party may appear before the 
     Commission and be heard in person or by attorney.
       (4) Record of proceedings.--
       (A) In general.--Subject to subparagraph (B)--
       (i) every vote and official act of the Commission shall be 
     entered of record; and
       (ii) the Commission shall endeavor to make each proceeding 
     public, while recognizing the occasional need for private 
     convening and deliberation.
       (B) Defense information.--The Commission may withhold 
     publication of records or proceedings containing secret 
     information affecting the national defense.
       (k) Record of Reports.--All reports of investigations made 
     by the Commission shall be entered of record, and a copy 
     thereof shall be furnished to the party who may have 
     complained, and to any digital platform or licensee that may 
     have been complained of.
       (l) Publication of Reports; Admissibility as Evidence.--The 
     Commission shall provide for the publication of its reports 
     and decisions in such form and manner as may be best adapted 
     for public information and use, and such authorized 
     publications shall be competent evidence of the reports and 
     decisions of the Commission therein contained in all courts 
     of the United States and of the several States without any 
     further proof or authentication thereof.
       (m) Compensation of Appointees.--Rates of compensation of 
     persons appointed under this section shall be subject to the 
     reduction applicable to officers and employees of the Federal 
     Government generally.
       (n) Memoranda of Understanding.--The Commission shall enter 
     into memoranda of understanding with the Federal 
     Communications Commission, the Federal Trade Commission, and 
     the Department of Justice to ensure, to the greatest extent 
     possible, coordination, collaboration, and the effective use 
     of Federal resources concerning areas of overlapping 
     jurisdiction.

     SEC. 6007. ORGANIZATION AND FUNCTIONING OF THE COMMISSION.

       (a) Chair; Duties; Vacancy.--
       (1) In general.--The member of the Commission designated by 
     the President as Chair shall be the chief executive officer 
     of the Commission.
       (2) Duties.--The Chair of the Commission shall--
       (A) preside at all meetings and sessions of the Commission;
       (B) represent the Commission in all matters relating to 
     legislation and legislative reports, except that any 
     commissioner may present the commissioner's own or minority 
     views or supplemental reports;
       (C) represent the Commission in all matters requiring 
     conferences or communications with other governmental 
     officers, departments, or agencies; and
       (D) generally coordinate and organize the work of the 
     Commission in such manner as to promote prompt and efficient 
     disposition of all matters within the jurisdiction of the 
     Commission.
       (3) Vacancy.--In the case of a vacancy in the office of the 
     Chair of the Commission, or the absence or inability of the 
     Chair to serve, the Commission may temporarily designate a 
     member of the Commission to act as Chair until the cause or 
     circumstance requiring the designation is eliminated or 
     corrected.
       (b) Organization of Staff.--
       (1) In general.--From time to time as the Commission may 
     find necessary, the Commission shall organize its staff 
     into--
       (A) bureaus, to function on the basis of the Commission's 
     principal workload operations; and
       (B) such other divisional organizations as the Commission 
     may determine necessary.
       (2) Integration.--The Commission, to the extent 
     practicable, shall organize the bureaus and other divisions 
     of the Commission to--
       (A) promote collaboration and cross-cutting subject matter 
     and technical expertise; and
       (B) avoid organization silos.
       (3) Personnel.--Each bureau established under paragraph 
     (1)(A) shall include such legal, engineering, accounting, 
     administrative, clerical, and other personnel as the 
     Commission may determine to be necessary to perform its 
     functions.
       (4) Expert personnel.--The Commission shall prioritize, to 
     the extent practicable, the hiring of staff with a 
     demonstrated academic or professional background in computer 
     science, data science, application development, technology 
     policy, and other areas the Commission may determine 
     necessary to perform its functions.
       (c) Delegation of Functions; Exceptions to Initial Orders; 
     Force, Effect, and Enforcement of Orders; Administrative and 
     Judicial Review; Qualifications and Compensation of 
     Delegates; Assignment of Cases; Separation of Review and 
     Investigative or Prosecuting Functions; Secretary; Seal.--
       (1) Delegation of functions.--
       (A) In general.--When necessary to the proper functioning 
     of the Commission and the prompt and orderly conduct of its 
     business, the Commission may, by published rule or by order, 
     delegate any of its functions to a panel of commissioners, an 
     individual commissioner, an employee board, or an individual 
     employee, including functions with respect to hearing, 
     determining, ordering, certifying, reporting, or otherwise 
     acting as to any work, business, or matter; except that in 
     delegating review functions to employees in cases of 
     adjudication (as defined in section 551 of title 5, United 
     States Code), the delegation in any such case may be made 
     only to an employee board consisting of 2 or more employees 
     referred to in paragraph (7).
       (B) Minimum vote.--Any rule or order described in 
     subparagraph (A) may be adopted, amended, or rescinded only 
     by a vote of a majority of the members of the Commission then 
     holding office.
       (2) Force, effect, and enforcement of orders.--Any order, 
     decision, report, or action made or taken pursuant to a 
     delegation under paragraph (1), unless reviewed as provided 
     in paragraph (3), shall have the same force and effect, and 
     shall be made, evidenced, and enforced in the same manner, as 
     orders, decisions, reports, or other actions of the 
     Commission.
       (3) Administrative and judicial review.--
       (A) Aggrieved persons.--Any person aggrieved by an order, 
     decision, report, or action described in paragraph (1) may 
     file an application for review by the Commission within such 
     time and in such manner as the Commission shall prescribe, 
     and every such application shall be passed upon by the 
     Commission.
       (B) Initiative of commission.--The Commission, on its own 
     initiative, may review in whole or in part, at such time and 
     in such manner as it shall determine, any order, decision, 
     report, or action made or taken pursuant to any delegation 
     under paragraph (1).
       (4) Review.--
       (A) In general.--In passing upon an application for review 
     filed under paragraph (3), the Commission may grant, in whole 
     or in part, or deny the application without specifying any 
     reasons therefor.
       (B) Questions of fact or law.--No application for review 
     filed under paragraph (3)(A) shall rely on questions of fact 
     or law upon which the panel of commissioners, individual 
     commissioner, employee board, or individual employee has been 
     afforded no opportunity to pass.
       (5) Grant of application.--If the Commission grants an 
     application for review filed under paragraph (3)(A), the 
     Commission may--
       (A) affirm, modify, or set aside the order, decision, 
     report, or action; or
       (B) order a rehearing upon the order, decision, report, or 
     action.
       (6) Application required for judicial review.--The filing 
     of an application for review under paragraph (3)(A) shall be 
     a condition precedent to judicial review of any order, 
     decision, report, or action made or taken pursuant to a 
     delegation under paragraph (1).
       (7) Qualifications and compensation of delegates; 
     assignment of cases; separation of review and investigative 
     or prosecuting functions.--
       (A) Qualifications of delegates.--The employees to whom the 
     Commission may delegate review functions in any case of 
     adjudication (as defined in the Administrative Procedure 
     Act)--
       (i) shall be qualified, by reason of their training, 
     experience, and competence, to perform such review functions; 
     and
       (ii) shall perform no duties inconsistent with such review 
     functions.
       (B) Compensation.--An employee described in subparagraph 
     (A) shall be in a grade classification or salary level 
     commensurate with the important duties of the employee, and 
     in

[[Page S2505]]

     no event less than the grade classification or salary level 
     of the employee or employees whose actions are to be 
     reviewed.
       (C) Separation.--In the performance of review functions 
     described in subparagraph (A), employees described in that 
     subparagraph--
       (i) shall be assigned to cases in rotation so far as 
     practicable; and
       (ii) shall not be responsible to or subject to the 
     supervision or direction of any officer, employee, or agent 
     engaged in the performance of investigative or prosecuting 
     functions for any agency.
       (8) Secretary; seal.--The secretary and seal of the 
     Commission shall be the secretary and seal of each panel of 
     the Commission, each individual commissioner, and each 
     employee board or individual employee exercising functions 
     delegated pursuant to paragraph (1) of this subsection.
       (d) Meetings.--Meetings of the Commission shall be held at 
     regular intervals, not less frequently than once each 
     calendar month, at which times the functioning of the 
     Commission and the handling of its workload shall be reviewed 
     and such orders shall be entered and other action taken as 
     may be necessary or appropriate to expedite the prompt and 
     orderly conduct of the business of the Commission with the 
     objective of rendering a final decision in a timely fashion.
       (e) Managing Director.--
       (1) In general.--The Commission shall have a Managing 
     Director who shall be appointed by the Chair subject to the 
     approval of the Commission.
       (2) Functions.--The Managing Director, under the 
     supervision and direction of the Chair, shall perform such 
     administrative and executive functions as the Chair shall 
     delegate.
       (3) Pay.--The Managing Director shall be paid at a rate 
     equal to the rate then payable for grade 15 of the pay scale 
     of the Securities and Exchange Commission.

     SEC. 6008. CODE COUNCIL.

       (a) Establishment.--The Commission shall establish a Code 
     Council that shall develop proposed voluntary or enforceable 
     behavioral codes, technical standards, or other policies for 
     digital platforms through the code process under subsection 
     (e), including with respect to transparency and 
     accountability for algorithmic processes.
       (b) Membership.--
       (1) In general.--The Council shall consist of 18 members, 
     of whom--
       (A) 6 shall be representatives of digital platforms or 
     associations of digital platforms, not fewer than 3 of whom 
     shall be representatives of systemically important digital 
     platforms or associations that include systemically important 
     digital platforms;
       (B) 6 shall be representatives of nonprofit public interest 
     groups, academics, and other experts not affiliated with 
     commercial enterprises, with demonstrated expertise in 
     technology policy, law, consumer protection, privacy, 
     competition, disinformation, or another area the Chair 
     determines relevant; and
       (C) 6 shall be technical experts in engineering, 
     application development, computer science, data science, 
     machine learning, communications, media studies, and any 
     other discipline the Chair determines relevant.
       (2) Appointment.--The Chair shall appoint each member of 
     the Council, subject to approval by the Commission.
       (3) Terms.--
       (A) In general.--A member of the Council shall be appointed 
     for a term of 3 years.
       (B) Staggered terms.--The terms of members of the Council 
     shall be staggered such that one-third of the membership of 
     the Council changes each year.
       (c) Meetings.--The Council shall meet publicly not less 
     frequently than once a month.
       (d) Chair and Vice Chair.--
       (1) In general.--There shall be a Chair and Vice Chair of 
     the Council--
       (A) one of whom shall be a member described in subparagraph 
     (A) of subsection (b)(1); and
       (B) one of whom shall be a member described in subparagraph 
     (B) of subsection (b)(1).
       (2) Annual rotation.--The Chair or Vice Chair for a 
     calendar year shall be a member described in a different 
     subparagraph of subsection (b)(1) than the member who served 
     as Chair or Vice Chair, respectively, for the preceding 
     calendar year.
       (e) Code Process.--
       (1) In general.--The Commission may, at any time, initiate 
     a process to develop a voluntary or enforceable behavioral 
     code, technical standard, or other policy for digital 
     platforms or a class of digital platforms.
       (2) Initiation based on petition or council vote.--The 
     Commission may initiate the process described in paragraph 
     (1) if--
       (A) the Commission receives a petition from the public, 
     including from a digital platform or an association of 
     digital platforms; or
       (B) the Council votes to initiate the process.
       (3) Council examination and vote.--If the process described 
     in paragraph (1) is initiated, the Council--
       (A) shall consider and develop, if appropriate, a proposed 
     behavioral code, technical standard, or other policy for 
     digital platforms or a class of digital platforms;
       (B) in considering and developing a proposed code, 
     standard, or policy under subparagraph (A), shall--
       (i) allow for submission of feedback by any interested 
     party; and
       (ii) make available to the public a factual record, 
     developed during the consideration and development of the 
     proposed code, standard, or policy, that includes any 
     submission received under clause (i);
       (C) not earlier than 180 days and not later than 360 days 
     after the date on which the process is initiated, shall vote 
     on whether to submit a recommendation for the proposed code, 
     standard, or policy to the Commission; and
       (D) may submit minority views along with a recommendation 
     under subparagraph (C), as appropriate.
       (4) Public review; commission examination and vote.--Upon 
     receipt of a recommendation for a proposed behavioral code, 
     technical standard, or other policy from the Council under 
     paragraph (3), the Commission shall--
       (A) allow for submission of comments on the proposed code, 
     standard, or policy by any interested party for a period of 
     not fewer than 45 days and not more than 90 days, and 
     publicly disclose any comments received;
       (B) examine the proposed code, standard, or policy, along 
     with comments received under subparagraph (A);
       (C) determine whether to adopt, reject, or adopt with 
     modifications the proposed code, standard, or policy;
       (D) provide a public rationale for the determination under 
     subparagraph (C); and
       (E) promulgate rules to carry out the determination under 
     subparagraph (C) in accordance with section 553 of title 5, 
     United States Code.
       (5) Updates.--Not less frequently than once every 5 years, 
     the Commission shall review and update, as necessary, any 
     behavioral code, technical standard, or other policy 
     established by rule under paragraph (4).
       (6) Rule of construction.--Nothing in this subsection shall 
     be construed to affect the authority of the Commission to 
     promulgate rules under section 6009.
       (f) Qualifications.--
       (1) Citizenship.--Each member of the Council shall be a 
     United States citizen or an alien lawfully admitted for 
     permanent residence to the United States.
       (2) Conflicts of interest.--
       (A) In general.--Subject to subparagraphs (B) and (C), no 
     member of the Council other than a member appointed under 
     subsection (b)(1)(A) shall--
       (i) be financially interested in any company or other 
     entity engaged in the business of providing online services;
       (ii) be financially interested in any company or other 
     entity that controls any company or other entity specified in 
     clause (i), or that derives a significant portion of its 
     total income from ownership of stocks, bonds, or other 
     securities of any such company or other entity; or
       (iii) be employed by, hold any official relation to, or own 
     any stocks, bonds, or other securities of, any person 
     significantly regulated by the Commission under this 
     division.
       (B) Significant interest.--The prohibitions under 
     subparagraph (A) shall apply only to financial interests in 
     any company or other entity that has a significant interest 
     in activities subject to regulation by the Commission.
       (C) Waiver.--
       (i) In general.--Subject to section 208 of title 18, United 
     States Code, the Commission may waive, from time to time, the 
     application of the prohibitions under subparagraph (A) to a 
     member of the Council if the Commission determines that the 
     financial interests of the member that are involved in a 
     particular case are minimal.
       (ii) Publication.--If the Commission exercises the waiver 
     authority under clause (i), the Commission shall publish 
     notice of that action in the Federal Register.
       (3) Determination of significant interest.--The Commission, 
     in determining for purposes of paragraph (2) whether a 
     company or other entity has a significant interest in 
     activities that are subject to regulation by the Commission, 
     shall consider, without excluding other relevant factors--
       (A) the revenues, investments, profits, and managerial 
     efforts directed to the related activities of the company or 
     other entity, as compared to the other aspects of the 
     business of the company or other entity;
       (B) the extent to which the Commission regulates and 
     oversees the activities of the company or other entity;
       (C) the degree to which the economic interests of the 
     company or other entity may be affected by any action of the 
     Commission; and
       (D) the perceptions held by the public regarding the 
     business activities of the company or other entity.
       (g) Rule of Construction.--Nothing in this section shall be 
     construed to authorize the Council to promulgate rules.

     SEC. 6009. RULEMAKING AUTHORITY, REQUIREMENTS, AND 
                   CONSIDERATIONS.

        The Commission--
       (1) may promulgate rules to carry out this division in 
     accordance with section 553 of title 5, United States Code; 
     and
       (2) shall tailor the rules promulgated under paragraph (1), 
     as appropriate, based on the size, dominance, and other 
     attributes of particular digital platforms.

     SEC. 6010. SYSTEMICALLY IMPORTANT DIGITAL PLATFORMS.

       (a) Designation of SIDPs; Rulemaking Authority.--The 
     Commission may--

[[Page S2506]]

       (1) designate systemically important digital platforms in 
     accordance with this section; and
       (2) promulgate rules specific to systemically important 
     digital platforms, consistent with the purposes of the 
     Commission under section 6004(b).
       (b) Mandatory Criteria.--The Commission shall designate a 
     digital platform a systemically important digital platform if 
     the platform--
       (1) is open to the public on one side;
       (2) has significant engagement among users, which may take 
     the form of private groups, public groups, and the sharing of 
     posts visible to some or all users;
       (3) conducts business primarily at the interstate or 
     international level, as opposed to the intrastate level; and
       (4) has operations with significant nationwide economic, 
     social, or political impacts, as defined by the Commission 
     for purposes of this paragraph through notice-and-comment 
     rulemaking under section 553 of title 5, United States Code, 
     which may include--
       (A) the ability of the platform to significantly shape the 
     national dissemination of news;
       (B) the ability of the platform to cause a person 
     significant, immediate, and demonstrable economic, social, or 
     political harm by exclusion from the platform;
       (C) the market power of the platform;
       (D) the number of unique daily users of the platform; and
       (E) the dependence of business users, especially small 
     business users (including entrepreneurs from communities of 
     color and underserved populations), on the platform to reach 
     customers.
       (c) Annual and Other Reports.--
       (1) Authority to require reports.--The Commission may--
       (A) require annual reports from systemically important 
     digital platforms subject to this division, and from persons 
     directly or indirectly controlling or controlled by, or under 
     direct or indirect control with, any such platform;
       (B) prescribe the content expected in such reports;
       (C) prescribe the manner in which such reports shall be 
     made; and
       (D) require from such persons specific answers to all 
     questions upon which the Commission may need information.
       (2) Administration.--
       (A) Time period covered; filing.--A report under paragraph 
     (1)--
       (i) shall be for such 12 months' period as the Commission 
     shall designate; and
       (ii) shall be filed with the Commission at its office in 
     Washington not later than 3 months after the close of the 
     year for which the report is made, unless additional time is 
     granted in any case by the Commission.
       (B) Failure to meet deadline.--If a person subject to this 
     subsection fails to make and file an annual report within the 
     time specified under subparagraph (A), or within the time 
     extended by the Commission, for making and filing the report, 
     or fails to make specific answer to any question authorized 
     by this subsection within 30 days after the time the person 
     is lawfully required so to do, the person shall forfeit to 
     the United States--
       (i) $10,000 for each day the person continues to be in 
     default with respect thereto, for the first 30 days of such 
     default; and
       (ii) an amount determined appropriate by the Commission for 
     each subsequent day that the person continues to be in 
     default with respect thereto, which may not exceed 1 percent 
     of the total global revenue of the person during the 
     preceding year.

     SEC. 6011. INTER-AGENCY SUPPORT.

       (a) Expert Support.--Upon request from any other Federal 
     agency for expertise, technical assistance, or other support 
     from the Commission, the Commission shall provide that 
     support.
       (b) Required Consultation by Other Federal Agencies.--Any 
     Federal agency, including the Federal Trade Commission and 
     the Antitrust Division of the Department of Justice, engaged 
     in investigation, regulation, or oversight with respect to 
     the impact of digital platforms on consumer protection, 
     competition, civic engagement, or democratic values and 
     institutions shall consult with the Commission in carrying 
     out that investigation, regulation, or oversight.
       (c) Required Consultation With Other Federal Agencies.--The 
     Commission, in carrying out investigation, regulation, or 
     oversight with respect to the impact of digital platforms on 
     consumer protection, competition, civic engagement, or 
     democratic values and institutions, shall consult with each 
     other Federal agency, including the Federal Trade Commission 
     and the Antitrust Division of the Department of Justice, that 
     is engaged in investigation, regulation, or oversight with 
     respect to the impact of digital platforms on consumer 
     protection, competition, civic engagement, or democratic 
     values and institutions.

     SEC. 6012. PETITIONS.

       (a) Petition for Forbearance.--
       (1) Submission.--
       (A) In general.--Any digital platform or association of 
     digital platforms may submit a petition to the Commission 
     requesting that the Commission forbear the application and 
     enforcement of a rule promulgated under this division, 
     including a behavioral code of conduct, technical standard, 
     or other policy established by rule under section 6008.
       (B) Publication.--
       (i) In general.--Subject to clause (ii), the Commission 
     shall make a petition submitted under subparagraph (A) 
     available to the public.
       (ii) Waiver.--The Commission may waive the requirement 
     under clause (i) if the Commission makes the rationale for 
     the waiver available to the public.
       (2) Dismissal without prejudice.--
       (A) In general.--Any petition submitted under paragraph (1) 
     shall be deemed dismissed without prejudice if the Commission 
     does not grant the petition within 18 months after the date 
     on which the Commission receives the petition, unless the 
     Commission extends the 18-month period under subparagraph (B) 
     of this paragraph.
       (B) Extension.--The Commission may extend the initial 18-
     month period under subparagraph (A) by an additional 3 
     months.
       (3) Scope of grant authority; written explanation.--The 
     Commission may grant or deny a petition submitted under 
     paragraph (1) in whole or in part and shall explain its 
     decision in writing.
       (4) Notice and comment requirements.--Section 553 of title 
     5, United States Code, shall apply to any determination of 
     the Commission to forbear the application and enforcement of 
     a rule under paragraph (1) of this subsection.
       (b) State Enforcement After Commission Forbearance.--A 
     State commission may not continue to apply or enforce any 
     rule, including any behavioral code, technical standard, or 
     other policy established by rule, that the Commission has 
     determined to forbear from applying under subsection (a).

     SEC. 6013. RESEARCH.

       (a) Research Office.--In order to carry out the purposes of 
     this division, the Commission shall establish an office with 
     not fewer than 20 dedicated employees to conduct internal 
     research, and collaborate with outside academics and experts, 
     as appropriate, to further the purposes of the Commission 
     under section 6004(b).
       (b) Research Grants.--
       (1) In general.--The office established under subsection 
     (a) may competitively award grants to academic institutions 
     and experts to conduct research consistent with the purposes 
     of the Commission under section 6004(b).
       (2) Public availability.--A recipient of a grant awarded 
     under paragraph (1) shall make the findings of the research 
     conducted using the grant publicly available.
       (c) Pilot Research Program for Sensitive Data.--The 
     Commission shall by rule establish a pilot program that 
     allows vetted, nonprofit, financially disinterested academic 
     institutions and experts to access data and other information 
     collected from a digital platform by the Commission for the 
     purposes of research and analysis consistent with the public 
     interest, while--
       (1) ensuring that no personally identifiable information of 
     any user of the digital platform is publicly available; and
       (2) making every effort to--
       (A) avoid harm to the business interests of the digital 
     platform; and
       (B) ensure the safety and security of the private data and 
     other information of the digital platform.

     SEC. 6014. INVESTIGATIVE AUTHORITY.

       (a) In General.--The Commission may inquire into the 
     management of the business of digital platforms subject to 
     this division, and shall keep itself informed as to the 
     manner and method in which that management is conducted and 
     as to technical and business developments in the provision of 
     online services.
       (b) Information.--The Commission may obtain from digital 
     platforms subject to this division and from persons directly 
     or indirectly controlling or controlled by, or under direct 
     or indirect control with, those platforms full and complete 
     information necessary, including data flows, to enable the 
     Commission to perform the duties and carry out the objects 
     for which it was created.

     SEC. 6015. HSR FILINGS.

       Section 7A of the Clayton Act (15 U.S.C. 18a) is amended by 
     adding at the end the following:
       ``(l)(1) In this subsection--
       ``(A) the terms `Commission' and `systemically important 
     digital platform' have the meanings given the terms in 
     section 6003 of the Digital Platform Commission Act of 2023; 
     and
       ``(B) the term `covered acquisition' means an acquisition--
       ``(i) subject to this section; and
       ``(ii) in which the acquiring person or the person whose 
     voting securities or assets are being acquired is a 
     systemically important digital platform.
       ``(2) Any notification required under subsection (a) for a 
     covered acquisition shall be submitted to the Commission.
       ``(3) The Commission may request the submission of 
     additional information or documentary material relevant to a 
     covered acquisition.
       ``(4) The Commission may submit a recommendation to the 
     Federal Trade Commission and the Assistant Attorney General 
     on whether the covered acquisition violates any of the 
     purposes of the Commission under section 6004(b) of the 
     Digital Platform Commission Act of 2023.
       ``(5) The Federal Trade Commission and the Assistant 
     Attorney General--
       ``(A) shall cooperate with the Commission in determining 
     whether a covered acquisition, if consummated, would violate 
     the

[[Page S2507]]

     antitrust laws or the purposes of the Commission under 
     section 6004(b) of the Digital Platform Commission Act of 
     2023;
       ``(B) may use the recommendation of the Commission as a 
     basis for rejecting the covered acquisition, or for imposing 
     additional requirements to consummate the acquisition, even 
     if the covered acquisition does not violate the antitrust 
     laws but violates other purposes of the Commission under 
     section 6004(b) of the Digital Platform Commission Act of 
     2023; and
       ``(C) in making a determination described in subparagraphs 
     (A), shall give substantial weight to the recommendation of 
     the Commission.''.

     SEC. 6016. ENFORCEMENT BY PRIVATE PERSONS AND GOVERNMENTAL 
                   ENTITIES.

       (a) Recovery of Damages.--Any person claiming to be damaged 
     by any digital platform subject to this division may--
       (1) make complaint to the Commission under subsection (b); 
     or
       (2) bring a civil action for enforcement of this division, 
     including the rules promulgated under this division, in any 
     district court of the United States of competent 
     jurisdiction.
       (b) Complaints to the Commission.--
       (1) In general.--
       (A) Application.--Any person, any body politic or municipal 
     organization, or any State attorney general or State 
     commission, complaining of anything done or omitted to be 
     done by any digital platform subject to this division, in 
     contravention of the provisions thereof, may apply to the 
     Commission by petition which shall briefly state the facts, 
     whereupon a statement of the complaint thus made shall be 
     forwarded by the Commission to the digital platform, which 
     shall be called upon to satisfy the complaint or to answer 
     the complaint in writing within a reasonable time to be 
     specified by the Commission.
       (B) Relief of liability.--If a digital platform described 
     in subparagraph (A) within the time specified makes 
     reparation for the injury alleged to have been caused, the 
     platform shall be relieved of liability to the complainant 
     only for the particular violation of law thus complained of.
       (C) Investigation.--If a digital platform described in 
     subparagraph (A) does not satisfy the complaint within the 
     time specified or there shall appear to be any reasonable 
     ground for investigating the complaint, the Commission shall 
     investigate the matters complained of in such manner and by 
     such means as the Commission determines proper.
       (D) Direct damage not required.--No complaint shall at any 
     time be dismissed because of the absence of direct damage to 
     the complainant.
       (2) Order.--
       (A) In general.--The Commission shall, with respect to any 
     investigation under this subsection of the lawfulness of a 
     charge, classification, regulation, or practice, issue an 
     order concluding the investigation not later than 180 days 
     after the date on which the complaint was filed.
       (B) Final order.--Any order concluding an investigation 
     under subparagraph (A) shall be a final order and may be 
     appealed under section 6018.
       (3) Orders for payment of money.--If, after hearing on a 
     complaint under this paragraph, the Commission determines 
     that any party complainant is entitled to an award of damages 
     under this division, the Commission shall make an order 
     directing the digital platform to pay to the complainant the 
     sum to which the complainant is entitled on or before a day 
     named.
       (c) Enforcement by State Attorneys General.--If the 
     attorney general of a State has reason to believe that an 
     interest of the residents of the State has been or is 
     threatened or adversely affected by any person who violates 
     this division or a rule promulgated under this division, the 
     attorney general of the State, as parens patrie, may bring a 
     civil action on behalf of the residents of the State in any 
     district court of the United States of competent jurisdiction 
     for enforcement of this division, including the rules 
     promulgated under this division.
       (d) Liability of Digital Platform for Acts and Omissions of 
     Agents.--In construing and enforcing the provisions of this 
     division, the act, omission, or failure of any officer, 
     agent, or other person acting for or employed by any digital 
     platform or user, acting within the scope of his employment, 
     shall in every case be also deemed to be the act, omission, 
     or failure of the platform or user as well as that of the 
     person.

     SEC. 6017. ENFORCEMENT BY COMMISSION AND DEPARTMENT OF 
                   JUSTICE.

       (a) Orders.--
       (1) Administrative order.--If the Commission believes that 
     a person has violated or will violate this division, the 
     Commission may issue and cause to be served on the person an 
     order requiring the person, as applicable--
       (A) to cease and desist, or refrain, from the violation; or
       (B) to pay restitution to any victim of the violation.
       (2) Civil action to enforce order.--The Commission or the 
     Attorney General may bring a civil action in an appropriate 
     district court of the United States to enforce an order 
     issued under paragraph (1).
       (b) Civil Penalty.--
       (1) In general.--Any digital platform that knowingly 
     violates this division shall be liable to the United States 
     for a civil penalty.
       (2) Separate offenses.--Each distinct violation described 
     in paragraph (1) shall be a separate offense, and in case of 
     continuing violation each day shall be deemed a separate 
     offense.
       (3) Deterrence.--The Commission shall establish a civil 
     penalty for a violation of this division in an amount that 
     the Commission determines appropriate to deter future 
     violations of this division.
       (4) Annual cap.--The total amount of civil penalties 
     imposed on a digital platform during a year under paragraph 
     (1) may not exceed 15 percent of the total global revenue of 
     the digital platform during the preceding year.

     SEC. 6018. PROCEEDINGS TO ENJOIN, SET ASIDE, ANNUL, OR 
                   SUSPEND ORDERS OF THE COMMISSION.

       (a) Right To Appeal.--An appeal may be taken from any 
     decision or order of the Commission, by any person who is 
     aggrieved or whose interests are adversely affected by the 
     decision or order, to the United States Court of Appeals for 
     the District of Columbia or the United States court of 
     appeals for the circuit in which the person resides.
       (b) Filing Notice of Appeal; Contents; Jurisdiction; 
     Temporary Orders.--
       (1) Filing notice of appeal.--An appeal described in 
     subsection (a) shall be taken by filing a notice of appeal 
     with the appropriate United States court of appeals not later 
     than 30 days after the date on which public notice is given 
     of the decision or order complained of.
       (2) Contents.--A notice of appeal filed under paragraph (1) 
     shall contain--
       (A) a concise statement of the nature of the proceedings as 
     to which the appeal is taken;
       (B) a concise statement of the reasons on which the 
     appellant intends to rely, separately stated and numbered; 
     and
       (C) proof of service of a true copy of the notice and 
     statements upon the Commission.
       (3) Jurisdiction.--Upon the filing of a notice of appeal 
     with a United States court of appeals under paragraph (1), 
     the court--
       (A) shall have jurisdiction of the proceedings and of the 
     questions determined therein; and
       (B) shall have power, by order, directed to the Commission 
     or any other party to the appeal, to grant such temporary 
     relief as the court may deem just and proper.
       (4) Temporary orders.--An order granting temporary relief 
     issued by the court under paragraph (3)--
       (A) may be affirmative or negative in scope and application 
     so as to permit--
       (i) the maintenance of the status quo in the matter in 
     which the appeal is taken; or
       (ii) the restoration of a position or status terminated or 
     adversely affected by the order appealed from; and
       (B) shall, unless otherwise ordered by the court, be 
     effective pending hearing and determination of the appeal and 
     compliance by the Commission with the final judgment of the 
     court rendered in the appeal.
       (c) Notice to Interested Parties; Filing of Record.--
       (1) Notice to interested parties.--Not later than 5 days 
     after filing a notice of appeal under subsection (b), the 
     appellant shall provide, to each person shown by the records 
     of the Commission to be interested in the appeal, notice of--
       (A) the filing; and
       (B) the pendency of the appeal.
       (2) Filing of record.--The Commission shall file with the 
     court the record upon which the order complained of was 
     entered, as provided in section 2112 of title 28, United 
     States Code.
       (d) Intervention.--
       (1) Right to intervene.--Not later than 30 days after the 
     filing of an appeal described in subsection (a), any 
     interested party may intervene and participate in the 
     proceedings had upon the appeal by filing with the court--
       (A) a notice of intention to intervene and a verified 
     statement showing the nature of the interest of the person; 
     and
       (B) proof of service of true copies of the notice and 
     statement described in subparagraph (A) upon--
       (i) the appellant; and
       (ii) the Commission.
       (2) Interested party.--For purposes of paragraph (1), any 
     person who would be aggrieved or whose interest would be 
     adversely affected by a reversal or modification of the order 
     of the Commission complained of shall be considered an 
     interested party.
       (e) Record and Briefs.--The record and briefs upon which an 
     appeal described in subsection (a) shall be heard and 
     determined by the court shall contain such information and 
     material, and shall be prepared within such time and in such 
     manner, as the court may by rule prescribe.
       (f) Time of Hearing; Procedure.--The court shall hear and 
     determine an appeal described in subsection (a) upon the 
     record before it in the manner prescribed by section 706 of 
     title 5, United States Code.
       (g) Remand.--If the court renders a decision and enters an 
     order reversing the order of the Commission--
       (1) the court shall remand the case to the Commission to 
     carry out the judgment of the court; and
       (2) the Commission, in the absence of proceedings to review 
     the judgment under paragraph (1) or (2) of subsection (i), 
     shall forthwith give effect to the judgment, and unless 
     otherwise ordered by the court, shall do so upon the basis 
     of--
       (A) the proceedings already had; and
       (B) the record upon which the appeal was heard and 
     determined.

[[Page S2508]]

       (h) Judgment for Costs.--The court may, in its discretion, 
     enter judgment for costs in favor of or against an appellant, 
     or other interested parties intervening in the appeal, but 
     not against the Commission, depending upon the nature of the 
     issues involved in the appeal and the outcome of the appeal.
       (i) Finality of Decision; Review by Supreme Court.--The 
     judgment of a court of appeals under this section shall be 
     final, subject to review by the Supreme Court of the United 
     States--
       (1) upon writ of certiorari on petition therefor under 
     section 1254 of title 28, United States Code, by--
       (A) the appellant;
       (B) the Commission; or
       (C) any interested party intervening in the appeal; or
       (2) by certification by the court of appeals under such 
     section 1254.

     SEC. 6019. REPORT TO CONGRESS.

       (a) In General.--Not earlier than 5 years after the date of 
     enactment of this Act, the President shall establish an 
     independent panel to--
       (1) comprehensively study the policies, operations, and 
     regulations of the Commission; and
       (2) submit an in-depth report to the congressional 
     committees of jurisdiction, including the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Energy and Commerce of the House of 
     Representatives, that includes--
       (A) an evaluation of the effectiveness of the Commission in 
     achieving the purposes under section 6004(b);
       (B) recommended reforms to strengthen the Commission; and
       (C) a recommendation regarding whether the Commission 
     should continue in effect.
       (b) Membership.--The independent panel established under 
     subsection (a) shall consist of 10 members, of whom--
       (1) 2 shall be appointed by the President;
       (2) 2 shall be appointed by the majority leader of the 
     Senate;
       (3) 2 shall be appointed by the minority leader of the 
     Senate;
       (4) 2 shall be appointed by the Speaker of the House of 
     Representatives; and
       (5) 2 shall be appointed by the minority leader of the 
     House of Representatives.

     SEC. 6020. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Commission 
     to carry out the functions of the Commission--
       (1) $100,000,000 for fiscal year 2023;
       (2) $200,000,000 for fiscal year 2024;
       (3) $300,000,000 for fiscal year 2025;
       (4) $450,000,000 for fiscal year 2026; and
       (5) $500,000,000 for each of fiscal years 2027 through 
     2032.
                                 ______